Introduction
These Terms of Use apply to your use of the Frostwine site at
Shopfrostwine.com (the “Site”), and to content, information, products,
services and materials on the Site (collectively, “Content”). By using
the Site or accessing its Content, you accept and agree to these Terms
of Use, which govern your use of this Site. Please read these Terms of
Use carefully before using the Site, because they affect your legal
rights and obligations. If you do not agree with any of these Terms of
Use, please do not use the Site. By using this Site, you will be
deemed to have irrevocably agreed to these Terms of Use.
Each time you use the Site, you reaffirm your acceptance of the Terms
of Use and any applicable additional terms. If you do not wish to be
bound by these Terms of Use, you may discontinue using the Site; your
continued use constitutes acceptance of the Terms of Use, as modified
from time to time.
This Site is owned and operated by Frostwine and its subsidiaries,
related entities and affiliates (collectively Frost Brands). Frostwine
reserves the right to change these Terms of Use at any time. The
modified Terms of Use will be effective immediately upon posting and
you agree to the new Terms of Use by continuing your use of the Site.
If you do not agree with the modified Terms of Use, your only remedy
is to stop using the Site.
This Site presents Content that is owned exclusively or licensed by
Frostwine. When used in these Terms of Use, “we” and “our” mean
Frostwine “you” and “your” refers to any individual, company, or legal
entity that accesses or otherwise uses this Site.
Additional Terms
Some portions of the Site may be subject to additional terms and
conditions which will be available for your review prior to accessing
those portions of the Site. Such additional terms and conditions will
not change or replace these Terms of Use, unless otherwise expressly
stated.
Ownership and Use of Content
“Submissions” means text, messages, reviews, comments, ideas,
suggestions, art, photographs, drawings, videos, audiovisual works,
your and/or other persons’ names, likenesses, voices, usernames,
profiles, acts, appearances, performances and/or other information or
material, and/or other similar materials that you submit, post,
upload, embed, display, communicate or otherwise distribute on or to
the Frostwine Site. If you transmit to Frostwine, post, or upload any
Submissions on or to this Site, you grant Frostwine and its affiliates
a non-exclusive, royalty-free, sub-licensable, transferable, perpetual
and irrevocable right to use, reproduce, modify, adapt, publish,
distribute, create derivative works, and incorporate those Submissions
and the names identified therein in any media in the world for any and
all commercial and non-commercial purposes. You waive any rights you
may have regarding your Submissions being revised or manipulated. This
license will continue even after you stop using the Service. You also
hereby grant each user of the Site a non-exclusive license to access
your Submissions through the Service and third-party social media
sites, such as Facebook and Instagram. Except as expressly stated in
these Terms of Use, you may not otherwise duplicate, copy, modify or
create derivative works thereof the Submissions. You may not post or
upload the Submissions within another website. Except for the limited
use rights expressly provided in this paragraph, or in any additional
terms and conditions, all rights in Submissions are reserved.
Links
This Site may contain links to third-party websites, which we provide
as a convenience. We have not reviewed them and are not responsible or
liable for the content available at such linked sites. By linking to a
website or permitting a link to this Site, Frostwine does not endorse
the website operator or the content of the linked website. Use at your
own risk.
Availability
Not all of the products or services described on this Site are
available in all areas of the United States and/or you may not be
eligible for them. We reserve the right to determine eligibility. Due
to local laws, alcohol may not be shipped to some locations. All
payments associated with wine selections that are not shipped due to
state or local regulations will be fully refunded.
Posted Content
The Site may contain various pages where you and other members or
consultants may post content. Only post content to the Site that you
created or which the owner of the content has given you permission to
post. You may not post the following items: telephone numbers, street
addresses, last names, URLs to external sites, any form of HTML or
programming code. You are solely responsible for anything you may post
on the Site.
Frostwine is not responsible for, and does not endorse, content in any
posting made by other users on the Site. You are solely responsible
for your reliance on anything posted on the Site by another member or
consultant.
Prohibited Activities
The following is a partial list of the kinds of conduct that are
illegal or prohibited on the Site. Frostwine reserves the right to
investigate and take appropriate legal action against anyone who, in
Frostwine’s sole discretion, engages in any of the prohibited
activities. By using the Site, you agree that you will not upload,
post, or otherwise distribute to the Site anything that:
- (a) is defamatory, abusive, harassing,
threatening, or an
invasion of a right of privacy of another person; (b) is bigoted,
hateful, or racially or otherwise offensive; (c) is violent,
vulgar, obscene, pornographic, or otherwise sexually explicit; or
(d) otherwise harms or can reasonably be expected to harm any
person or entity;
- attempts to or interferes with, harms, reverse
engineers, steals
from, or gains unauthorized access to the Site, user accounts, or
the technology and equipment supporting the Site;
- attempts to or results in data mining, robots,
or the use of
other data gathering devices on or through the Site, unless
specifically allowed by these Terms;
- sell, transfer, or assign any of your rights
to use the Service
to a third party without our express written consent;
- accesses the Site from a jurisdiction where it is illegal or
unauthorized;
- is illegal or encourages or advocates illegal
activity or the
discussion of illegal activities with the intent to commit them,
including a content submission that is, or represents an attempt
to engage in, child pornography, stalking, abuse, sexual assault,
fraud, trafficking in obscene or stolen material, drug dealing
and/or drug use, harassment, theft, or conspiracy to commit any
criminal activity;
- infringes or violates any right of a third
party including: (a)
copyright, patent, trademark, trade secret or other proprietary or
contractual rights; (b) right of privacy (specifically, you must
not distribute another person’s personal information of any kind
without their express permission) or publicity; or (c) any
confidentiality obligation;
- is commercial, business-related or advertises
or offers to sell
any products services or otherwise (whether or not for profit), or
solicits others (including solicitations for contributions or
donations);
- contains a virus or other harmful component,
or otherwise
tampers with, impairs or damages the Site or any connected
network, or otherwise interferes with any person or entity’s use
or enjoyment of the Service; or
- (a) does not generally pertain to the
designated topic or theme
of the relevant public forum; (b) violates any specific
restrictions applicable to a public forum, including its age
restrictions and procedures; or (c) is antisocial, disruptive, or
destructive, including “flaming”, “spamming”, “flooding”,
“trolling”, and “griefing”, as those terms are commonly understood
and used on the Internet.
Frostwine cannot and does not assure that other users are or will be
complying with these Terms, and, as between you and us, you hereby
assume all risk of harm or injury resulting from any such lack of
compliance. You are responsible for any claims, fees, fines,
penalties, and other liability incurred by us or others caused by or
arising out of your breach of these Terms and your use of the Service.
Privacy
For information on our privacy practices, please see our Privacy
Policy, which is hereby incorporated into these Terms of Use.
Governing Law
These Terms and Conditions shall be governed by, and construed in
accordance with, the laws of the United States and the State of
Florida, without giving effect to conflict of law principles thereof.
You expressly agree that the exclusive jurisdiction for any claim or
dispute under the Terms of Use and or your use of the Site resides in
the courts located in the State of Florida, and you further expressly
agree to submit to the personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
If any provision of these Terms of Use is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect.
Waiver
Any failure of Frostwine to enforce these Terms of Use at any time for
any reason, shall not be construed as a waiver of any right to do so
at any time.
Disclaimers and Warranties
Your use of this Site and Content is at your own risk. Content on the
Site is provided for entertainment purposes only. The Site and Content
are provided on an “as is” and “as available” basis. YOUR USE OF THIS
SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, FROSTWINE AND THE SITE EXPRESSLY DISCLAIM ALL OTHER
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE
SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
Frostwine does not make any representations or warranties that (a) the
Site or Content will meet your requirements or expectations; (b) the
operation of the Site or Content will be uninterrupted, timely,
secure, accurate, or error-free or that any errors will be corrected;
(c) any particular results will be obtained from the use of the Site;
or (d) the Site or the server that make the Site available are free of
viruses or other harmful components. If applicable law does not allow
the exclusion of some or all of the above implied warranties to apply
to you, the above exclusions will apply to you only to the extent
permitted by applicable law.
Limitation of Liability
FROSTWINES LIABILITY AND YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR
USE OF THE SITE. FROSTWINE, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES,
PARENT COMPANIES, RELATED ENTITIES, ASSIGNS, LICENSORS, FRANCHISEES
AND VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE
NOR FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE. THESE EXCLUSIONS
FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES. IN ANY STATES OR JURISDICTIONS
THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, FROSTWINES LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
